Executive Order 12333: US Intelligence Activities

Executive Order 12333: United States Intelligence Activities

Preamble

• Essential to national security: obtaining timely, accurate, and insightful information about foreign powers, organizations, and persons.
• All reasonable and lawful means must be used to ensure the US receives the best intelligence possible.

Goals and Directions

• The US intelligence effort shall provide the President, National Security Council, and Homeland Security Council with necessary information to make decisions.
• All departments and agencies shall cooperate fully to fulfill this goal.
• Goals include:
  • Detecting and countering espionage, terrorism, and WMD threats.
  • Producing timely, accurate, and insightful reports.
  • Considering diverse analytic viewpoints and accurately representing alternative views.

The National Security Council (NSC)

• The NSC shall act as the highest-ranking executive branch entity supporting the President in reviewing and guiding the conduct of foreign intelligence, counterintelligence, and covert action.
• The NSC shall consider and submit policy recommendations on each proposed covert action and conduct periodic reviews of ongoing covert action activities.

Director of National Intelligence (DNI)

• The DNI shall serve as the head of the Intelligence Community and principal adviser to the President, NSC, and Homeland Security Council on intelligence matters.
• Responsibilities include:
  • Overseeing and directing the implementation of the National Intelligence Program.
  • Developing objectives, priorities, and guidance for the Intelligence Community.
  • Establishing common security and access standards for managing and handling intelligence systems.
  • Ensuring the protection of intelligence sources, methods, and activities.
  • Participating in the development of procedures for criminal drug intelligence activities abroad.
  • Establishing guidelines for classification and declassification of intelligence information.
  • Ensuring the timely exploitation and dissemination of data gathered by national intelligence collection means.

Additional Responsibilities of the DNI

• The DNI may:
  • Designate, in consultation with affected department heads, one or more Intelligence Community elements to develop and maintain services of common concern.
  • Enter into intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations.
  • Establish Functional Managers and Mission Managers for various intelligence disciplines.
  • Provide advisory tasking concerning the collection and analysis of information relevant to national intelligence or national security.
  • Ensure the deconfliction, coordination, and integration of all intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program.### Consultation and Removal of Intelligence Community Officials
• The relevant department head shall consult with the Director before appointing an individual to fill a vacancy or recommending to the President an individual to fill a vacancy in certain positions.
• The Director and relevant department head shall consult on the removal of certain officials, including the Director of the National Security Agency and the Director of the Defense Intelligence Agency.

The Intelligence Community

• The Intelligence Community shall collect and provide information needed by the President, Vice President, NSC, Homeland Security Council, and other executive branch officials.
• The Intelligence Community shall analyze, produce, and disseminate intelligence; conduct administrative and technical support activities; and conduct research, development, and procurement of technical systems.
• The Intelligence Community shall take into account State, local, and tribal governments' and private sector entities' information needs relating to national and homeland security.

Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies

• The heads of all departments and agencies shall provide the Director access to all information and intelligence relevant to national security.
• The heads of all departments and agencies shall provide programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program.
• The heads of all departments and agencies shall coordinate development and implementation of intelligence systems and architectures with the Director.

Heads of Elements of the Intelligence Community

• The heads of elements of the Intelligence Community shall provide the Director access to all information and intelligence relevant to national security.
• The heads of elements of the Intelligence Community shall report to the Attorney General possible violations of Federal criminal laws by employees and other individuals.
• The heads of elements of the Intelligence Community shall report to the Intelligence Oversight Board and the Director concerning any intelligence activities that may be unlawful or contrary to executive order or presidential directive.

Intelligence Community Elements

• The Central Intelligence Agency shall collect, analyze, produce, and disseminate foreign intelligence and counterintelligence.
• The Defense Intelligence Agency shall collect, analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions.
• The National Security Agency shall collect, process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes.
• The National Reconnaissance Office shall be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities.
• The National Geospatial-Intelligence Agency shall collect, process, analyze, produce, and disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes.
• The intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall collect, produce, analyze, and disseminate defense and defense-related intelligence and counterintelligence to support departmental requirements.
• The intelligence elements of the Federal Bureau of Investigation shall collect, analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions.### Intelligence Gathering and Sharing
• The Commandant of the Coast Guard is authorized to:
  • Collect, analyze, produce, and disseminate foreign intelligence and counterintelligence
  • Conduct counterintelligence activities
  • Monitor and research tactical intelligence systems and equipment
  • Engage in foreign intelligence liaison relationships and exchange programs
• Other authorized agencies and departments include:
  • Bureau of Intelligence and Research (State Department)
  • Office of Intelligence and Analysis (Treasury Department)
  • Office of National Security Intelligence (Drug Enforcement Administration)
  • Office of Intelligence and Analysis (Homeland Security)
  • Office of Intelligence and Counterintelligence (Energy Department)
  • Office of the Director of National Intelligence
  • Department of State
  • Department of the Treasury
  • Department of Defense
  • Department of Homeland Security
  • Department of Energy
  • Federal Bureau of Investigation

Intelligence Community Elements

• The heads of the above-mentioned agencies and departments are authorized to:
  • Collect and analyze information and intelligence
  • Participate in analytic or information exchanges with foreign partners and international organizations
• The Director of National Intelligence is authorized to:
  • Collect, analyze, produce, and disseminate information and intelligence
  • Support national missions and the National Counterterrorism Center

Conduct of Intelligence Activities

• The primary objectives of intelligence gathering are to:
  • Collect timely, accurate, and insightful information about foreign powers, organizations, and persons
  • Enhance human and technical collection techniques, especially those undertaken abroad
  • Acquire significant foreign intelligence and detect international terrorist activities and espionage
• Principles for intelligence gathering include:
  • Respect for individual rights and protections under the Constitution and applicable law
  • Proper balance between acquisition of essential information and protection of individual interests
  • No interference with authorized civil or criminal law enforcement responsibilities

Collection of Information

• Authorized collection techniques include:
  • Publicly available information
  • Information with the consent of the person concerned
  • Foreign intelligence or counterintelligence information
  • Information from lawful foreign intelligence, counterintelligence, international drug, or international terrorism investigations
  • Information to protect the safety of persons or organizations
  • Information needed to protect foreign intelligence or counterintelligence sources, methods, and activities
  • Incidentally obtained information that may indicate involvement in illegal activities
  • Information necessary for administrative purposes

Protection of Individual Rights

• Procedures for collection, retention, and dissemination of information concerning United States persons must be established by the head of the Intelligence Community element or department and approved by the Attorney General.
• Unauthorized disclosure of information is prohibited.
• Physical searches, mail surveillance, and monitoring devices may only be used in accordance with procedures established by the head of the Intelligence Community element or department and approved by the Attorney General.

Assistance to Law Enforcement and Other Civil Authorities

• Elements of the Intelligence Community are authorized to:
  • Cooperate with law enforcement agencies to protect employees, information, property, and facilities
  • Participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers or international terrorist or narcotics activities
  • Provide specialized equipment, technical knowledge, or assistance of expert personnel to support law enforcement agencies

Director of Defense Research and Engineering

• The Director of Defense Research and Engineering is appointed by the President with the advice and consent of the Senate.
• The Director is a civilian appointed from civilian life.

Assistant Secretaries of Defense

• The Assistant Secretaries of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.

Chairman of the Joint Chiefs of Staff

• The Chairman confers with and obtains information from the commanders of the combatant commands regarding their requirements.
• The Chairman evaluates and integrates the information obtained.
• The Chairman advises and makes recommendations to the Secretary of Defense regarding the requirements of the combatant commands.
• The Chairman communicates the requirements of the combatant commands to other elements of the Department of Defense as appropriate.

Commanders of Combatant Commands

• The commander of a combatant command is responsible to the President and the Secretary of Defense for the performance of missions assigned to the command.
• The commander performs duties under the authority, direction, and control of the Secretary of Defense.
• The commander is directly responsible to the Secretary for the preparedness of the command to carry out missions assigned to the command.

Command Authority of Combatant Commanders

• The commander of a combatant command has authority, direction, and control over the commands and forces assigned to the command.
• The commander has command functions including:
  • Giving authoritative direction to subordinate commands and forces.
  • Prescribing the chain of command within the command.
  • Organizing commands and forces within the command.
  • Employing forces within the command.
  • Assigning command functions to subordinate commanders.
  • Coordinating and approving administration and support, including control of resources and equipment, internal organization, and training.
  • Exercising authority with respect to selecting subordinate commanders, selecting combatant command staff, suspending subordinates, and convening courts-martial.

Authority over Subordinate Commanders

• Commanders of commands and forces assigned to a combatant command are under the authority, direction, and control of, and are responsible to, the commander of the combatant command on all matters for which the commander has been assigned authority.

Assignment of Responsibility to Other Components of DOD

• The Secretary of Defense may assign responsibility for administration and support of forces assigned to combatant commands to other components of the Department of Defense.

Combatant Commands: Budget Proposals

• The Secretary of Defense includes a separate budget proposal for each of the unified and specified combatant commands in the annual budget of the Department of Defense submitted to Congress.
• A budget proposal for funding of activities of a combatant command includes funding proposals for joint exercises, force training, contingencies, and selected operations.

National Intelligence Strategy (NIS)

• Provides strategic direction for the Intelligence Community (IC) for the next four years
• Supports national security priorities outlined in the National Security Strategy and other national strategies
• IC activities must be responsive to national security priorities and comply with the Constitution, applicable laws and statutes, and Congressional oversight requirements

Intelligence Community (IC) Vision and Mission

• IC Vision: A Nation made more secure by a fully integrated, agile, resilient, and innovative Intelligence Community that exemplifies America’s values
• IC Mission: Provide timely, insightful, objective, and relevant intelligence and support to inform national security decisions and to protect the Nation and its interests

Guiding Principles

• Advance national security, economic strength, and technological superiority by delivering distinctive, timely insights with clarity, objectivity, and independence
• Achieve unparalleled access to protected information and exquisite understanding of our adversaries’ intentions and capabilities
• Maintain global awareness for strategic warning
• Leverage what others do well, adding unique value for the Nation

Global Challenges

• Advances in communications and democratization of technologies have generated an ability to create and share vast amounts of information
• Global challenges include issues related to climate change, infectious disease outbreaks, and transnational criminal organizations
• The IC must be able to warn of strategic effects and adapt to meet changing mission needs in an increasingly unstable environment

Strategic Intelligence

• The foundation for strategic intelligence requires developing and maintaining a deep understanding of the strategic environment
• Includes transnational issues such as terrorism and transnational organized crime
• Research, knowledge development, collaboration with experts, and advanced analytics are necessary to provide in-depth assessments and strategic context

Cyber Threat Intelligence

• Cyber threat intelligence includes information on cyber threat actor systems, infrastructure, and data
• The IC must expand tailored production and dissemination of actionable cyber threat intelligence to support the defense of vital information networks and critical infrastructure

Enterprise Objectives

• Seven enterprise objectives provide the foundation for integrated, effective, and efficient management of mission capabilities and business functions
• The objectives focus on integrated mission management, business management, people, innovation, information sharing and safeguarding, partnerships, and privacy, civil liberties, and transparency